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Riggenbach v. Rhodes

Citation: 267 So. 3d 551Docket: Case No. 5D18-1889

Court: District Court of Appeal of Florida; March 29, 2019; Florida; State Appellate Court

Narrative Opinion Summary

This case involves a medical malpractice lawsuit where the plaintiff sued an orthopedic surgeon following alleged negligent wrist surgery. The plaintiff presented a presuit expert opinion from a plastic surgeon, which the defendants argued did not meet statutory requirements as the expert was not from the same specialty. The trial court initially dismissed the case, later reinstating it upon finding the expert's experience sufficient. The defendants sought certiorari review, claiming the trial court erred in accepting the affidavit. The appellate court granted the petition, quashing the trial court's order, and remanded the case for further proceedings. The court directed the trial court to determine if the plaintiff met the requirements of Florida Rule of Civil Procedure 1.071 and section 86.091. If the constitutional challenge is upheld, the trial court will address these issues; if not, the complaint will be dismissed with prejudice. The court reaffirmed the statutory requirement that expert witnesses in medical malpractice suits must be from the same specialty as the defendant, as established by the 2013 amendment to section 766.102. This case highlights the importance of adhering strictly to legislative intent in statutory interpretation, particularly in medical negligence cases.

Legal Issues Addressed

Certiorari Review in Medical Malpractice Cases

Application: The court allowed certiorari review of a trial court's order concerning presuit notice requirements under Florida's medical malpractice statute, due to the potential for irreparable harm to defendants.

Reasoning: Courts have consistently allowed certiorari review in instances where presuit notice requirements were unmet, as failing to comply results in irreparable harm to defendants.

Constitutionality of Legislation

Application: The Respondent challenged the constitutionality of the 2013 amendments to Chapter 766, but the trial court had not previously addressed these constitutional issues.

Reasoning: Respondent's motion for rehearing is granted in part, acknowledging his challenge to the constitutionality of the 2013 amendments to Chapter 766, which was raised during the motion to dismiss and again in the motion for reconsideration.

Literal Interpretation of 'Same Specialty' Requirement

Application: The court reaffirmed that 'same specialty' means the expert must have the same specialization as the defendant, rejecting interpretations that allow for similar specialties.

Reasoning: Florida courts have interpreted 'same specialty' literally, ruling that it does not equate to different specialties providing similar treatment.

Presuit Expert Affidavit Requirements

Application: The statutory requirement mandates that an expert witness in medical malpractice cases must be from the same specialty as the defendant, which was not met in this case.

Reasoning: Petitioners argued that Rhodes' presuit expert report, authored by a plastic surgeon, did not comply with statutory requirements mandating that the expert be from the same specialty as the defendant, Dr. Riggenbach, an orthopedic surgeon.

Statutory Interpretation and Legislative Intent

Application: The court emphasized adherence to the statute's plain language, determining legislative intent without delving beyond the text.

Reasoning: Statutory interpretation is a legal issue reviewed de novo, aligning with the Legislature's intent primarily through the statute's plain language.